[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Pages 41738-41739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20425]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
Incorporation of General Industry Health and Safety Standards
Applicable to Construction Work
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final Rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects errors in the Incorporation of General
Industry Health and Safety Standards Applicable to Construction Work
that was published on June 30, 1993 (58 FR 35076). OSHA is deleting the
regulatory text which incorporated from Secs. 1910.333 and 1910.334
(subpart S--Electrical) into paragraphs (a)(4), (f), and (g) of
1926.416 and paragraph (d) of 1926.417 (subpart K--Electrical), because
the Agency clearly stated in the preamble to the final rule for
Electrical Safety-Related Work Practices that the provisions in
question did not apply to construction employment.
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Anne C. Cyr, Acting Director,
Office of Information, Division of Consumer Affairs, Room N-3647,
Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.
20210, Telephone: (202) 219-8151.
SUPPLEMENTARY INFORMATION: This document contains corrections to the
Incorporation of General Industry Health and Safety Standards
Applicable to Construction Work which was published on June 30, 1993
(58 FR 35076). OSHA is deleting the regulatory text incorporated from
Secs. 1910.333 and 1910.334 into Secs. 1926.416 (paragraphs (a)(4),
(f), and (g)) and 1926.417 (paragraph (d)), because the Agency clearly
stated in the preamble to the final rule on Electrical Safety-Related
Work Practices (55 FR 31984, August 6, 1990) that the provisions in
question did not apply to construction employment. Any application of
Secs. 1910.333-334 to construction work would require further
rulemaking.
The Background section of the General Industry final rule (55 FR at
31986) stated as follows:
The Agency is limiting this rulemaking to the prevention of
accidents in general industry and maritime (which has even fewer
electrical safety requirements than general industry) because to
include other industrial sectors (such as construction) would
seriously impede the rulemaking process. Inclusion of other
industries in the scope of the standard would require the Agency to
consider many diverse situations that are likely to be germane only
to these industries. The construction industry, for example, is an
extensive user of temporary wiring, which is frequently moved and is
often used under a wide range of safety-related work practices
recommended for use.
Also, the Regulatory Impact Analysis stated (55 FR at 32011) ``The
standard will apply to every major standard industrial code (SIC) with
the exception of Agriculture, Construction and parts of Mining,
Transportation, Communication and Public Utilities.''
Exemption From Delayed Effective Date Requirement
Under 5 U.S.C. 553(d)(3), OSHA finds that there is good cause for
making this document effective upon publication in the Federal
Register. This notice simply deletes improperly incorporated
requirements from the text of 29 CFR 1926 subpart K and, accordingly,
does not increase the existing regulatory burden.
Authority: This document was prepared under the direction of
Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210.
List of Subjects in 29 CFR Part 1926
Construction industry, Occupational safety and health.
Signed at Washington, D.C., this 5th day of August, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
Accordingly, pursuant to sections 6 and 8 of the Occupational
Safety and Health Act (29 U.S.C. 655 and 657), section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333), 5 U.S.C.
553, Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR part
1911, subpart K of 29 CFR part 1926 is amended as set forth below:
PART 1926--[AMENDED]
Subpart K-- Electrical
1. The authority citation for subpart K of part 1926 continues to
read as follows:
Authority: Secs. 6, and 8, Occupational Safety and Health Act
(29 U.S.C. 655 and 657); sec. 107, Contract Work Hours and Safety
Standards Act (40 U.S.C. 333); Secretary of Labor's Order No. 9-83
(48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1926.416 [Corrected]
2. Paragraphs (a)(4), (f) and (g) of Sec. 1926.416 are removed.
[[Page 41739]]
Sec. 1926.417 [Corrected]
3. Paragraph (d) of Sec. 1926.417 is removed.
[FR Doc. 96-20425 Filed 8-9-96; 8:45 am]
BILLING CODE 4510-26-P
